Trademark and Copyright

Report Claims of Copyright Infringement

Carrington Colleges Group, Inc. (“CCG”) does not tolerate copyright infringement and will take immediate action to remove or block access to properly reported infringement. The Digital Millennium Copyright Act (17 U.S.C. §512, et seq.), also known as the DMCA, provides a procedure whereby a copyright owner can provide notice that its copyrights are being infringed on a web site. If you believe that a user of the Web Site or the Services is infringing your copyrights, you may report it to us using one of the methods outlined below. Please note that under §512(f) of the Copyright Act, if it is determined that the copyright holder misrepresents its claim regarding the infringement of the material that is the subject of a DMCA notification, the copyright holder becomes liable for any damages that resulted from the improper removal of the material.

Mail or E-mail a DMCA Notification

Notify CCG’s Copyright Agent, and provide the information outlined below – please be aware that in order to effect proper notification under the DMCA, all of the information must be provided. If proper notification is not given, our Agent cannot act.

A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right, for example, /John Smith/.

An identification of the intellectual property claimed to have been infringed.

A detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears.

Your address, telephone number, and email address.

A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law.

A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.

Effect of Proper DMCA Notification

When proper DMCA notification is received, the content alleged to be infringing will be removed or access to it disabled. The user who posted the material will be notified that a DMCA notification was submitted and that the content he posted has been removed or disabled. If the user requests such, a copy of the DMCA notification will be provided to him. The user may opt to file a counter-notification under the DMCA.

Counter-notification to DMCA Notification

Just as CCG does not tolerate copyright infringement, it does not tolerate false claims of infringement, either. If you believe that the content you posted on the Web Site was removed because of mistake or misidentification, §512(g) of the DMCA provides that you may file a counter-notification disputing the removal of your content. Please note that if you do not own the copyrighted material in question, or you do not have permission from the owner to use it, you MUST NOT submit a counter-notification. Under §512(f) of the Copyright Act, any person who knowingly, makes material representations in a counter-notification may be subject to liability and the payment of damages, therefore, if you are not confident in your claims, we recommend that you seek legal advice before filing a counter-notification. If proper counter-notification is not received, our agent cannot act.

Proper counter-notification must include the criteria listed below.

Identify the material that was removed or to which access was disabled, and the location at which the material appeared before it was removed or access to it was disabled.

Include a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address provided is located, or if your address is outside of the United States, for any judicial district in which CCG may be found, and that you will accept service of process from the person who provided the initial notification of infringement or an agent of such person.

Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

Sign the paper or affix an electronic or digital signature to the communication, for example, /John Smith/.

Effect of Proper DMCA Counter-notification

Upon receipt of a counter-notification in substantial compliance with the DMCA, CCG will provide the person who submitted the initial notification of claimed infringement with a copy of the counter-notification, including your personal information. By submitting a counter-notification, you consent to having your personal information shared in this manner. The counter-notification will not be shared with anybody but the original claimant.

After receipt of the counter-notification, CCG will generally replace the removed material and re-enable access to it not less than 10, nor more than 14 business days later, unless CCG’s designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order regarding the removed material. If we receive notice that an action has been filed, we cannot restore the material. In appropriate circumstances to be determined at our discretion, we will terminate the accounts of repeat infringers.

Report Claims of Trademark/Service Mark Infringement

If you believe that a user of the Web Site or the Services is infringing your trademark or service mark, you may report it to us using one of the methods outlined below.

Mail or E-mail a Notice of IP Infringement (non-copyright)

Notify CCG’s Trademark Agent, and provide the information outlined below. Please note that our Trademark Agent needs all of this information in order to respond to your notice.

State that you are the owner of such rights or a person legally-authorized to act on behalf of the owner.

Tell us where the infringing content appears on the Web Site – include the specific URLs.

Tell us how the content you have identified infringes your rights.

If the trademark or service mark is registered, please provide the registration number(s) and the country(ies) in which it is registered.

Include a statement that you declare under penalty of perjury that all of the information contained in the notice is accurate and that the use of your intellectual property as described in the notice, in the manner complained of, is not authorized by the rights owner, its agent, or the law.

A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right, for example, /John Smith/.